As with many other states, Maryland follows the “fault” rules in regards to car accidents, meaning that the at-fault party is responsible for any and all damages that occurred because of the collision. Drivers can either seek compensation by filing a claim with their insurance company, hiring a car accident lawyer and filing a lawsuit, or filing a claim with the other party’s insurance company. In some instances, the at-fault party’s insurance does not cover all of the accrued expenses, and a lawsuit must be filed to recover the rest of the damages.
When filing a car accident lawsuit in Maryland, be advised that Maryland is one of the few states that adhere to the contributory negligence law. The contributory negligence law means that if a plaintiff was at fault at all then no damages can be recovered. For example, most states follow the comparative fault law, which states that plaintiffs can recover damages as long as the defendants are more than 50% at fault. However, in Maryland, if the defendant is not 100% at fault, then there is no case.
Car accident lawsuits in states that go by the contributory negligence law are extremely tricky and difficult, and retaining a leading car accident lawyer is highly recommended. If you are only found to be 1% at fault, your case will be dismissed, but a car accident attorney has the necessary experience and knowledge to help you.